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HomeMy WebLinkAbout09940 RESOLUTION NO. 9940 A RESOLUTION APPROVING AN EASEMENT BETWEEN THE CITY OF PUEBLO AND PUEBLO WEST METROPOLITAN DISTRICT RELATING TO ITS WASTEWATER TREATMENT FACILITIES LOCATED ON A PORTION OF THE FORMER HONOR FARM PROPERTY AND ACCEPTING A QUIT CLAIM DEED FROM THE PUEBLO WEST METROPOLITAN DISTRICT TO THE CITY OF PUEBLO CANCELLING A PRIOR EASEMENT BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Easement dated August 12, 2003 between the City of Pueblo and Pueblo West Metropolitan District, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is authorized to execute and deliver the Easement in the name of the City and the City Clerk is directed to affix the seal of the City Clerk and attest same. SECTION 3. The Quitclaim Deed dated August 26, 2003 from the Pueblo West Metropolitan Distdct to the City, a copy of which is attached hereto, having been approved as to form by the City Attomey, is hereby accepted and the City Clerk is instructed to record the Quitclaim Deed in the office of the Pueblo County Clerk and Recorder. SECTION 4. This Resolution shall become effective upon final passage and approval. INTRODUCED September 8, 2003 BY Al Gurule Councilperson APPROVED: ~ ~' ATTEST: Background Paper for Proposed RESOLUTION AGENDA ITEM # ,~. DATE: September 8, 2003 DEPARTMENT: Law Department TITLE -- A RESOLUTION APPROVING AN EASEMENT BETWEEN THE CITY OF PUEBLO AND PUEBLO WEST METROPOLITAN DISTRICT RELATING TO ITS WASTEWATER TREATMENT FACILITIES LOCATED ON A PORTION OF THE FORMER HONOR FARM PROPERTY AND ACCEPTING A QUIT CLAIM DEED FROM THE PUEBLO WEST METROPOLITAN DISTRICT TO THE CITY OF PUEBLO CANCELLING A PRIOR EASEMENT ISSUE Should City grant an easement to Pueblo West Metropolitan District for its wastewater treatment facilities? RECOMMENDATION Approve the easement. BACKGROUND Pueblo West Metropolitan District ("District") desires to relocate an easement for its wastewater treatment facilities across a portion of Honor Farm land City acquired from the State of Colorado. District has an existing easement across the Honor Farm land and District's engineer has determined it would be more efficient to relocate the easement. The relocation of the easement will not interfere with or hinder City's planned use of the Honor Farm property. District will cancel and convey its interest in the existing easement to the City. FINANCIAL IMPACT None. EASEMENT THIS EASEMENT, is made this 12tl~ay of August ,2003, by and between the CITY OF PUEBLO, COLORADO (the "City"), whose address is 1 City Hall Place, Pueblo, Colorado 81003, and the PUEBLO WEST METROPOLITAN DISTRICT (the "District"), a municipal corporation, whose address is P.O. Box 7005, Pueblo West, Colorado 81007. WITNESSETH, that the City for and in consideration of the District quit claiming to the City an easement granted to the District by Easement recorded at Reception #1239581 in the records of the Clerk and Recorder of Pueblo County, Colorado and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby remise, release, sell and OUIT CLAM to the District, its successors and assigns, forever, but subject to the right of entry for condition described below and subject to the conditions herein, for an easement for an underground sanitary sewer line in, through, over, under and across the property of the City (the "Easement Property") which is located as follows: In the W % of Section 18, Township 20 South, Range 65 West of the 6t~ P.M.; as descried in Exhibit A and shown on Exhibit C, both attached hereto and incorporated herein. 1. EASEMENT DESCRIPTION, PURPOSES. The Easement herein granted shall be: (i) fifty (50) feet in width, twenty-five (25) feet on each side of a centerline as described in Exhibit A and shown on Exhibit C, for the purposes of constructing, installing and maintaining an underground sanitary sewer line; and (ii) a temporary construction easement (the "Temporary Construction Easement") one hundred (100) feet in width, fifty (50) feet on each side of a centerline as described in Exhibit B and as shown on Exhibit C, for the purposes of initial construction and installation of the sewer line. Said Temporary Construction Easement shall terminate fifteen (15) days after completion of initial installation and construction of the sewer line and surface restoration and revegetation of the Temporary Construction Easement premises. 2. CONSTRUCTION, INSTALLATION, MAINTENANCE. All construction, installation and maintenance (including but not limited to initial construction, reconstruction, repair, replacement and removal) of the sewer line shall be the sole responsibility and expense of District, its agents, contractors, employees and licensees. If at any time the City constructs any public improvement or builds any public project on or over the Easement, and such construction requires the relocation of the underground sanitary sewer line, such relocation shall be made at District's expense. The location of the sewer line shall be marked on the land surface by such means sufficient to show the route of the underlying installation. No storage of Page 1 of 4 construction equipment, materials, supplies or fill material shall be allowed on adjoining property of the City, expect within the Temporary Construction Easement. 3. SURFACE RESTORATIONIREVEGETATON. The District shall restore the surface of the Easement Property (Including the Temporary Construction Easement and permanent Easement) to its original condition as nearly as possible after construction of the sewer line or any reconstruction, repair, replacement, removal or relocation thereof is complete. Restoration of the surface of the land shall include but not be limited to grading and sloping the surface to its prior condition and reseeding and planting native grasses, trees and shrubs as heretofore existed. Any plantings or seedings which have not been shown to be re-established after one full year of growth will be replaced or reseeded as necessary by the District, at the District's expense. Restoration and revegetation of the Easement Property shall be subject to the approval of the City, said approval shall not be unreasonably withheld. 4. CORRECTIVE ACTION. District, its agents, contractors, employees and licensees, shall be responsible for taking all corrective actions necessary, at their sole expense, to restore, clean up, remove contaminated material, revegetate and all other action necessary to restore the condition of the Easement and surrounding property in the event of any leaks, breach of, or any other environmental damage resulting from the sanitary sewer line. Such corrective action shall be performed immediately and final approval of the corrective action and subsequent restoration shall be subject to the written approval of the City. 5. EASEMENT NON-EXCLUSIVE. The Easement hereby granted is non-exclusive and District consents to share a portion of the subject Easement Property with any other party designated by the City provided the use by such party shall in no way interfere with the purposes stated herein. 6. RIGHT OF ENTRY FOR CONDITION SUBSEQUENT. If District does not, for a period of three hundred sixty-six (366) consecutive days, make use of the Easement for the purposes stated herein, the City may, at its sole discretion, immediately declare the Easement terminated and shall so notify District by certified mail. 7. BINDING EASEMENT. The Easement herein granted shall be a burden upon and shall run with the Easement Property in perpetuity, subject to the right to enter for condition subsequent contained herein, and shall bind City, its successors and assigns forever. 8. CITY LIABILITY EXPOSURE. Notwithstanding any other provision of this Easement to the contrary, no term or condition of this Easement shall be construed or interpreted as a waiver, either expressed or implied, of any of the immunities, rights, benefits or protection provided to the City and to the District under the Colorado Governmental Immunity Act 24-10-101, et seq. C.R.S., as amended or as may be Page 2 of 4 amended, (including, without limitation, any amendments to such statute, or under any similar statute which is subsequently enacted). The parties hereto understand and agree that liability for claims for injuries to persons or property arising out of the negligence of the City or the District, their departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of 24-10-101, et seq. C.R.S., as amended or as may be amended, and 24-30-1501, et seq., C.R.S., as amended or as may be amended. Any provision of this Easement, whether or not incorporated herein by reference, shall be controlled, limited and otherwise modified so as to limit any liability of the City and District to the above cited laws. 9. INDEMNIFICATION. To the extent it legally may, the District shall indemnify, save and hold harmless the City, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses and attorneys fees incurred as a result of any act or omission by the District, or its employees, agents, contractors or licensees, arising from their use of the Easement Property. 10. NOTICE. Any notice required or permitted herein shall be in writing and delivered personally or by U.S. Mail, return receipt requested, to the address or addresses and persons set forth below, provided that the parties can change their mailing address by providing notice to the other party: City of Pueblo, Colorado 1 City Hall Place Pueblo, CO 81003 Atten: City Manager Pueblo West Metropolitan District P.O. Box 7005 Pueblo West, CO 81007 Atten: District Manager 11. PARAGRAPH HEADINGS. The captions and headings set forth herein are for the convenience of reference only, and shall not be construed so as to define or limit the terms or provisions hereof. IN WITNESS WHEREOF,,E,-the"~ity and the District have executed this Easement as of the'date first set f~,,ab"ove. / CITY OF PUEI;3L-O;)C,~'LORADO~..,-~ A'CrEST: Presiden¥o-f the City Council City C~rk Page 3 of 4 STATE OF COLORADO ) ) ss COUNTY OF PUEBLO ) e foregoing Easement was acknowledged before me this /~#~day of 2003 by Bill Sova as President of the City Council and Gina Dutcher as City Clerk of Pueblo, a Municipal Corporation. Witness my hand and official seal. My commission expires: ~ Title w ~,/~/W~w~/~k (yary STATE OF COLORADO ) ) ss COUNTY OF PUEBLO ) The foregoing easement was acknowledged before me this 26th day of Au~;ust ,2003 by 3ohn Galusha as ~ of the I~ueblo West Metropolitan District and by .T~hn v~ A,,~,~ as Secretary of Pueblo West Metropolitan District. Witness my hand and official seal. My commission expires: 12128/05 e~pwmd~i~ ~tation ~*a~m~nt Au~u*t ~ 03 Final Page 4 of 4 EXHIBIT A SANITARY SEWER OUTFALL (50 FOOT RIGHT OF WAY) BEING A SANITARY SEWER EASEMENT THROUGH A PORTION OF THE Wl/2 OF SECTION -18, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6'~" P.M. BEING 50.00 FEET WIDE, LYING 25.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHWEST CORNER OF LOT 20, BLOCK 5 IN TRACT NO. 383 IN PUEBLO WEST, COLORADO, ACCORDING TO THE RECORDED PLAT THEREOF, FILED FOR RECORD MAY 5, 1972; THENCE N89°50'48"E, ALONG THE SOUTH BOUNDARY LINE OF SAID TRACT NO. 383, A DISTANCE OF 830.31 FEET; THENCE SO(P00'04'VV, A DISTANCE OF 50.00 FEET TO THE NORTH LINE OF THE W1/2 OF SAID SECTION 18 AND THE POINT OF BEGINNING OF THE EASEMENT CENTERLINE HEREIN DESCRIBED; THENCE ALONG SAID PROPOSED SEWER CENTERLINE THE FOLLOWING COURSES: 1. S00°00'04'W, A DISTANCE OF 60.45 FEET; 2. S51°34'02~N, A DISTANCE OF 856.62 FEET; 3. S22°41'38'W, A DISTANCE OF 798.25 FEET; 4. S27°17'30'W, A DISTANCE OF 400.00 FEET; 5. S70°58'04'W, A DISTANCE OF 289.31 FEET TO THE WEST LINE OF THE Wl/2 OF SAID SECTION 18 AND THE POINT OF TERMINUS OF THE EASEMENT CENTERLINE HEREIN DESCRIBED, AS SHOWN ON EXHIBIT C, A3-rACHED HERE AND MADE A PART HEREOF. THE SIDELINES SHALL BE LENGTHENED OR SHORTENED TO PREVENT GAPS AND OVERLAPS PREPARED BY: CALVADA SURVEYING, INC. 6860 S. YOSEMITE COURT SUITE 1500 ENGLEWOOD, COLORADO 80112-1448 JULY 25, 2003 (CO-03113) ¢fll. VflDFI -- SURVEYIH(~'. IH¢. .EXHIBIT TEMPORARY CONSTRUCTION EASEMENT (100 FOOT RIGHT OF WAY) BEING A TEMPORARY CONSTRUCTION EASEMENT THROUGH A PORTION OF THE W1/2 OF .SECTION 18, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6'm P.M. BEING 100.00 FEET WIDE, LYING 50.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHWEST CORNER OF LOT 20, BLOCK 5 IN TRACT NO. 383 IN PUEBLO WEST, COLORADO, ACCORDING TO THE RECORDED PLAT THEREOF, FILED FOR RECORD MAY 5, 1972; THENCE N89°50'48'E, ALONG THE SOUTH BOUNDARY LINE OF SAID TRACT NO. 383, A DISTANCE OF 830.31 FEET; THENCE ~'04'W, A DISTANCE OF 50.00 FEET TO THE NORTH LINE OF THE Wl/2 OF SAID SECTION 18 AND THE POINT OF BEGINNING OF THE EASEMENT CENTERLINE HEREIN DESCRIBED; THENCE ALONG SAID PROPOSED SEWER CENTERLINE THE FOLLOWING COURSES: 1. S00°00'04'W, A DISTANCE OF 60.45 FEET; 2. S51°34'02'W, A DISTANCE OF 856.62 FEET; 3. S22°41'38WV, A DISTANCE OF 798.25 FEET; 4. S27°17'30'W, A DISTANCE OF 400.00 FEET; 5. S70°56'04'W, A DISTANCE OF 289.31 FEET TO THE WEST LINE OF THE Wl/2 OF SAID SECTION 18 AND THE POINT OF TERMINUS OF THE EASEMENT CENTERLINE HEREIN DESCRIBED, AS SHOWN ON EXHIBIT C, ATTACHED HERE AND MADE A PART HEREOF. THE SIDELINES SHALL BE LENGTHENED OR SHORTENED TO PREVENT GAPS AND OVERLAPS PREPARED BY: CALVADA SURVEYING, INC. 6860 S. YOSEMITE COURT SUITE 1500 ENGLEWOOD, COLORADO 80112-1448 JULY 5, 2003 (CO-03113) cnLynDn ~ ~-~AVEYING. INC. . :- SCALE.- l" = $00' I~)~='~"J~ ~J~© '~CC©~;;~'~IJ~'~r ..-' ~X -. .... '~'-. w ~ ~ ~ ~ j I j ~/"~_~ ~"'/-' ~,, ~ ',, ~ff '~',~,~00Dt~' ...................................................................... DD ............. I .. · " · . ~ X ~ I SEE ~,,// '~ Xx- ~ ~ C--~---' ///~? . N,- .................. ~ [ ..... ~--~ ~8~ '50'4B 'E B JO. Jr' / . ~ I00" ~ST LiNE NW I/4 ~ ~ ~MP~Y C~S~UCTION EASEMENT  ' DETAIL / s I~ s~r~v ~ .......... ~ r-27x~;* .... PRZVA~ ALLEY ~~0 ~,~ ~ ~ACT 341 S27~7'~'W // ~ GRAPHIC SCALE x S7058'04"W 300 0 150 300 I 289.31' ~~ , ! FEET cnLvn n .o SURVEYING, INC. -~, ~860 Sout~,~Q.em~te ~ou~ Suite 20~ Enqlo~o~d~ CO ~0~12-1448 Pho~720) 4g~-1303 ~ Fox: (72.~ 4~8-130~ '~; Reso. #9940 QUIT CLAIM DEED THIS DEED, made this 26th day of August , 2003, between PUEBLO WEST METROPOLITAN DISTRICT (District), grantor, and CITY OF PUEBLO, COLORADO (City), of the County of Pueblo, and State of Colorado, grantee. WITNESSETH, that the grantor, for valuable consideration the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUIT CLAIMED, and by these presents does remise, release, sell and QUIT CLAIM unto the grantee, its heirs, successors and assigns, forever, all the right, title, interest the District has, including easement rights to the following described property and easements: In the W ~ of Section 18, Township 20 South, Range 65 West of the 6th P.M.; as descried in Exhibit A and shown on Exhibit B, both attached hereto and incorporated herein and a temporary construction easement described on Exhibit C and shown on Exhibit B. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor, either in law or equity, to the only proper use, benefit and behoof of the grantee, his/her heirs and assigns forever. Ail referrals to the singular shall include the plural and all referrals to the male gender shall include the female gender as the sense requires. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. Pueblo West Metropolitan District STATE OF Colorado ) ) ss. COUNTY OF ~P_b] o ) The foregoing instrument was acknowledged before me this 26th day of AuKust , 2003, by John Galusha My commission expires: 12/28/05 Witness mY hand and °fficial seal' ~..g,3,~ ~otary PuD-lls ' c~owmd~liffstation 341~easement April 2003\quit claim deed ' I IIIIII IIIII IIIIII IIIll Illll IIIlll III1[ Ill IIIll Illl IIII ChrisC.Munoz PuebloCtyClk&Rec eU~T R z~.ee o e.ee 05/17/2003 TUE 15:22 FAX 719 Sir s538 MULLANS PIERSBL AND REED .... ~004/013 EXI4IBIT A SANITARY gl/WER OLrlT~,r (20 foot 1LO.W.): An ~*,ement through a portion of the Wl/2 of Section 18, Townahip 20 South, Range 65 West ofthe 6~ P,M. and through a port/on of Tract No. 341 in Pueblo West, Colorado, according to the r~corded plat thereoi~ filed for side of the following de.~qibcd centerline:/" Comme~clag al ~he Southwest comer'~fParcei 'if', Block 5 in Tract No. 383 in Pueblo We~ Colorado, according to thc rccordcd plat thereot~ filed for record May 89'51'18" ti., along the South boundary line of said Tract No. 383, a disl~nce of 15.00 feet to the cent~rllne of the proposed sanitary sewer and thc True Point of Bcglnnln$ of the easement conterlinc heroin descn'bed; thence along said proposed sewer centerlinc the following four (4) 1, S. 00°08'42" B., it distance of 521.32 feet,; 2. S. 33°44'49'' W., a distance of 1200.00 feet; 3. S. 62°57'0T' W., a distanCe of 300.00 feet; 4. S. 70"47'54" W., a distanc~ of 638.61 feet, more or less tO'th~ c~ier of an -~ existin~ sanitary sewer manhole loc~tted in tim private alley, lying Easterly of and adjacent to Paro~ "B' in said Tract No. 341 and the Point of Terminus of the · easement centerline herein de,scribed, Prepared by: NORTI-I~TAR ENGINBERING AND SURVEYING, INC. 111 E. 5t~.$treei Pueblo, CO 81003 .. Ianuary 19, 1998 JN 95 037 0l Page: 2 of 4 09/17/2003 11:42; ~03?OLdo~ ChrisC.~unoz puebloCtyClk&Reo QUIT R 21.00 O 0.00 · ~-05/17/200~ TUE 15:22 FAI~ 719 .5l° ~$$81. ~.rLLAN$ PIERSEL AND REED , ~005/01~ / PUEBLO WEST, COLORADO// 583 ................ U N SU B.D I,.V I.O.E D ~~T!DN !8, TBkZNSH!P 80 09/'!7/2003 !1:42¢ ChrisC.Muno= PuebloCtyClk&Ree QUIT R 21.i)~ O 0.~0 EXHIBIT "B" NO ~:~,~,,L.~ 15:22 FAX 719 5~'-9558 ~..TLLAN$ PINRSNL AND REED ~006/013 TEMPORARY CONSTRUCTION EASEMENT (I00 foot R.O,W.): An easement tlrough a pon/on of the W1/2 of Section 15, Townsh/p 20 South, Ranie 6~ West ortho/;~ P.M. and through a pod/on of Tract No. 341 tn Pueblo West, Colorado, accordin~ to .... the recorded pht 6m'co~ filed ~or record Ap~ 20, 1970, beh~..t00.fi.~et in width, ~O:fi.,et on each s/de of the t'bUowing descnq3ed centre'Uno: / Commencir~ at the Southwe~ eorn~ ~fParcol ~-~, Block 5 in ~'ract No. 383 in Pueblo West, Colorado, according to the recorded plat the~of~ filed for record May $, 1972; thence N. 8~'51'18' B., along the South botmdary line of said Tract No. 383, a distance of 15.00 feet to the ce~lterline ofth~ propo~d temporary construction e~emer~ and the True Point of Be~innin§ of- thc ~.eement centerline herain describe~ thence along said proposed easement ceatertinc tim foilowin~ four (4) courses: 1. S. 00'08'42" ~, a distance of~21.32 foot; 2. S, 33044'49, W., a di~tanco of 1200.00 f~; 3. 5, 62~57'0~ W., a di~ of 300.00 4. S. 70°47'~4"'W., a di~nce of638.61 ~ ~re or j~ to ~ c~t~ 0f~ ...... ~i~ ~ ~w~ ~nhole lo.ted in ~e pd~e ~ay, [~ng ~edy of~d adjace~ to P~[ "~ ~ mid Tm~ ~t ~t~ine h~n des~b~. Prepared by: NORTHSTAR ENOINEERING AND SURVEYINO, INC. 111 E. ~s Street Pueblo, CO 81003 ,l'anuary 22, 1998 /))9/17/2/)/)3 11:42~ ChrisC.[qunoz PuebloCt¥Clk&Rec QUIT R 21.0/) D /)./)/)